January 24, 2012- Citing the use of Aptina image sensors in mobile handsets supplied by defendants Apple and LG, a magistrate judge recommended that Apple’s motion to be severed from NPE, Imperium IP’s suit for improper joinder be denied. Apple argued that the other defendants in the suit are competitors of Apple and that Imperium IP had not shown that the allegedly infringing systems arise from “the same transaction, occurrence, or series of transactions or occurrences.” The magistrate judge noted that, “All Defendants, including Apple, make cell phones and other devices that incorporate digital cameras. The accused devices all rely on the same technology for image sensors and image processors, which Defendants purchase and integrate into their products. Plaintiff asserts that the underlying technology is very similar and is, in some cases, identical. Further, Plaintiff asserts that the Apple product, the iPhone 3G, and the LG product, the Voyager VX 10000, use the same MT9D112 image sensor manufactured by Aptina, a third-party supplier. Further, Plaintiff alleges that it expects additional discovery will reveal similarities between other Apple products and the other Defendants in the case. Therefore, the similarity of the component image sensors and image processors used by Defendants is sufficient to satisfy the same transaction or occurrence prong.”